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LINDEN PLACE, LLC v. STANLEY BANK

No. 97,252.

167 P.3d 374 (2007)

LINDEN PLACE, LLC, Appellant, v. STANLEY BANK, Appellee.

Court of Appeals of Kansas.

September 21, 2007.

Attorney(s) appearing for the Case

John E. Waldeck, Susan C. Hascall, and Michael E. Waldeck, of Waldeck, Matteuzzi & Sloan, P.C., of Leawood, for appellant.

R. Scott Beeler and Jennifer M. Hannah, of Lathrop & Gage L.C., of Overland Park, for appellee.

Before MARQUARDT, P.J., McANANY, J., and BRAZIL, S.J.

McANANY, J.

This appeal arises from the district court's grant of summary judgment in favor of Stanley Bank (or Bank), the lender of funds for a residential construction project, and against Linden Place, L.L.C., the owner of the property upon which the residences were constructed. In the motion the Bank challenged the existence of any fiduciary duty owed to Linden Place under facts it claimed to be uncontroverted. It did not challenge the issue of causation. However...

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